Analisis penggunaan kaedah Istinbāṭ dalam pensabitan hukum fatwa: kajian di Jabatan Mufti Negeri Kedah Darulaman

The method of istinbāṭ is very important in the process of issuing the rulings. This is because the accuracy of the fatwa issued is based on the methods how it was produced. There are three main objectives of this study: first, to examine the consistency of the istinbāṭ methods used in the process of producing fatwa; second, to study the tendencies of influences by the sect in the process of producing fatwa; and third, to examine the compliance of beneficiaries and 'urf or local customs in the designation of fatwa. Fatwa that have been istinbāṭ and issued were analyzed based on those three approaches. The data was gathered based on the minutes of the meeting and some set of books related to fatwa issued by Department of Mufti . The research was conducted using a qualitative approach. The findings of the research indicated that the consistency of the methods of istinbāṭ used in the process of producing a ruling is in accordance with rules outlined by Islam, while the tendency of influences by the sect in the process of producing a fatwa showed that it is not directly tied to the Shafie sect except in some cases excluded by other sects. Besides, it is found that the compliance of welfare and 'urf or custom in setting ruling is in accordance with the local beneficiaries. In addition, the study found that of the use of evidence and arguments are from the Quran, Sunnah, Ijma', Qiyās or others indicated less emphasis is given to the methods used in istinbāṭ. Similarly, the wisdom behind the fatwa was also given less emphasis. The results of this study may provide valuable implications to the Muslim community in the State of Kedah in particular. Fatwa institution should therefore concerned with the method and process in producing fatwa in using istinbāṭ and take an appropriate action so that the institution of fatwa and how the fatwa are issued can make a contribution to the understanding and the development of the quality generation of the Muslims